SZFCX v Minister for Immigration and Multicultural and Indigenous Affairs

[2005] FCA 890

FEDERAL COURT OF AUSTRALIA

SZFCX v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 890

SZFCX v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
NSD 762 OF 2005

HELY J
16 JUNE 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 762 OF 2005

BETWEEN:	SZFCX APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE OF ORDER:	16 JUNE 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time within which to file and serve a Notice of Appeal be dismissed with costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 762 OF 2005

BETWEEN:	SZFCX APPLICANT
AND:	MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS RESPONDENT
JUDGE:	HELY J
DATE:	16 JUNE 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for an extension of time within which to file and serve a Notice of Appeal from the judgment of Scarlett FM delivered on 13 April 2005.  The matter has now been in the list on two occasions.  On the first occasion the applicant did not appear.  I therefore adjourned the matter until today to give the applicant a second opportunity to attend and prosecute his claim.  I gave some directions as to notification of the adjournment to the applicant and I am satisfied by virtue of the letter from Phillips Fox of 7 June 2005 that the directions which I gave have been complied with.

2. The applicant has not appeared before me today.  The application should therefore be dismissed with costs.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.

Associate:

Dated:            30 June 2005

The applicant did not appear
Solicitor for the Respondent:	Phillips Fox
Date of Hearing:	16 June 2005
Date of Judgment:	16 June 2005